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Section 22: Immovable property in Mauritius

Trusts Act · PART III: OBJECTS OF TRUST

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

22. Immovable property in Mauritius (1) Unless approved by the Prime Minister under the Non-Citizens (Property Restriction) Act— (a) any transfer or vesting of an immovable property situated in Mauritius to, or in, a trust of which a beneficial interest is held by a non-citizen; (b) the appointment of a non-citizen as beneficiary of a trust the trust property of which includes immovable property situated in Mauritius, shall be void and of no effect. (2) Notwithstanding any term of the trust, a trustee, except with the approval of the Prime Minister, shall not make any distribution or any payment from the trust, whether of income or capital, whether by way of maintenance, advancement or otherwise, to a beneficiary who is a non-citizen where the trust property includes an immovable property situated in Mauritius. (3) Where a qualified trustee becomes aware of a breach of any provisions of this section, it shall forthwith report the matter to the AttorneyGeneral who may apply to the Judge in Chambers for an order vesting the immovable property situated in Mauritius in the Curator of Vacant Estates, or for such other order as he thinks fit. PART IV – TRUSTEES AND PROTECTORS

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